BILL NUMBER: SB 654 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY SEPTEMBER 3, 2013
AMENDED IN ASSEMBLY JUNE 26, 2013
AMENDED IN SENATE MAY 24, 2013
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senators Leno and Padilla
(Coauthors: Senators Hancock and Yee)
FEBRUARY 22, 2013
An act to amend Sections 336, 9002, 9004, and 9006
and 9004 of, and to add Sections 9023 and
11042.5 to, the Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 654, as amended, Leno. Ballot measure petitions: recall
petitions: translations.
(1) Existing law, the federal Voting Rights Act of 1965, requires
the state and certain counties to provide voting materials in
languages other than English, as specified.
(1) Existing law requires
the Attorney General, upon receipt of the text of a proposed
initiative or referendum measure, to prepare a
circulating title and summary of the chief purpose and points of the
proposed measure. Existing law requires the Attorney General to
provide a copy of the circulating title and summary of a proposed
initiative measure to the proponents of the measure and the Secretary
of State within 15 days, as specified. Existing law
requires the Attorney General to provide a copy of the circulating
title and summary of a proposed referendum measure to the proponents
of the measure and the Secretary of State within 10 days after
receipt of the proposed referendum. Existing law specifies
that the official summary date of a proposed measure is the date a
circulating title and summary is delivered or mailed by the Attorney
General to the proponents of the proposed measure.
This bill would require the Attorney General to provide a notice
to the proponents stating that, if the proponents intend to circulate
the petition for the proposed initiative or referendum
measure, the proponents shall submit a list of
specified counties in which the petition will be circulated. This
bill would require the proponents of a proposed initiative or
referendum measure to submit a list of specified counties in which
the petition will be circulated no later than 5 days after receipt of
the circulating title and summary. Upon submission of the list,
notify the Attorney General, in the manner prescribed
by the Attorney General, of their intention to circulate. Upon
receipt of the proponents' notice of intention to circulate,
this bill would require the Attorney General to prepare a translation
of the circulating title and summary of the proposed initiative
or referendum measure in a language other
than English under certain circumstances each
language in which the state or a county is required to provide
voting materials pursuant to the federal Voting Rights Act of 1965
. This bill would require the Attorney General to provide a
copy of each translation to the proponents and the Secretary of
State, as specified. If This bill would
provide that if the proponents of a proposed
initiative or referendum measure do not submit
a list of specified counties in which the petition will be
circulated, this bill would require the Attorney General to notify
the Secretary of State of that fact. a notice of
intention to circulate, the proponents' request for a circulating
title and summary shall be deemed withdrawn and the petition shall
not be circulated for signature. This bill would specify that
the official summary date of a proposed initiative or
referendum measure is the date a copy of each translation
of the circulating title and summary is delivered or mailed to the
proponents, or the date the Secretary of State receives a
notice that the proponents did not submit a list of specified
counties, as applicable. proponents.
(2) Existing law permits any person who is a voter or who is
qualified to register to vote in the state to circulate an initiative
or referendum petition for signature and imposes
certain requirements on these circulators.
If an initiative or referendum petition is circulated in
a specified county, this This bill would require
a copy of the applicable translated circulating title and summary
prepared by the Attorney General to be attached to the petition and
made available to each person whom the circulator solicits
in that language to sign the petition. This bill would also
require a circulator to provide a copy of the applicable translated
circulating title and summary petition and to
any other person upon request.
(3) Existing provisions of the California Constitution and statute
authorize the recall of state officers. Existing law requires the
proponents of the recall to file 2 blank copies of the petition to
recall the officer with the Secretary of State, who is required to
ascertain if the proposed form and wording of the petition meet
specified requirements.
This bill would require the proponents of a recall of a state
officer, at the time of filing the 2 blank copies of the petition
with the Secretary of State, to submit a list of specified counties
in which the recall petition will be circulated. If the proponents
submit this list of counties, this bill would require the Secretary
of State, within 10 days after ascertaining that the proposed form
and wording of the recall petition meet specified requirements, to
prepare a translation of the petition in each applicable minority
language of the counties identified by the proponents, and provide a
copy of each translation to the proponents.
This bill would require the Secretary of State to prepare a
translation of the petition for the recall of a state officer in each
language in which the state or a county, as specified, is required
to provide voting materials pursuant to the federal Voting Rights Act
of 1965. This bill would require the Secretary of State, within 10
days after ascertaining that the proposed form and wording of the
recall petition meet specified requirements, to provide a copy of
each translation to the proponents.
(4) Existing law requires a recall petition to use a specified
format and contain certain information. Under existing law, any
person who is a registered voter of the electoral jurisdiction of the
officer sought to be recalled may circulate the recall petition for
signatures.
If a recall petition is circulated in a specified county, this
bill would require a copy of the applicable translation of the
petition prepared by the Secretary of State to be attached to the
petition and made available to each person whom the
circulator solicits in that language to sign the petition.
This bill would also require the circulator to provide a copy of the
translation of the petition petition and to any
person upon request.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) California is a diverse state with a government selected by
the votes of its citizens. The state's robust initiative process is
designed to put lawmaking in the hands of the people, and continues
to play an important role in setting public policy with regard to
education, civil rights, fiscal policy, and other issues that affect
the lives of all Californians, including the state's 6.9 million
limited-English-proficient residents. The referendum and recall
processes also play an important role in developing public policy.
(b) The signature-gathering phase to qualify these proposed
measures for the ballot is an integral part of the state's electoral
system.
(c) The federal Voting Rights Act of 1965 (42 U.S.C. Sec. 1971 et
seq.) prohibits discriminatory voting practices and protects the
rights of voters with limited English proficiency by requiring
covered jurisdictions to provide voting materials in the
language languages of specified minority groups.
However, ballot measure petitions, which are circulated for
signature in hopes of qualifying a measure for the ballot, are not
required to be provided in other languages under existing
law provided in languages other than English .
As a result, millions of voters with limited English proficiency are
excluded from playing a role in determining which proposed measures
qualify for the ballot.
(d) The provision of translated versions of circulating titles and
summaries of initiative and referendum measures,
and of translated versions of recall petitions, will further the
purpose of the federal Voting Rights Act of 1965 and ensure that
voters with limited English proficiency have the ability to exercise
their fundamental democratic rights.
SEC. 2. Section 336 of the Elections Code is
amended to read:
336. "Official summary date" means either of the following:
(a) The date a copy of each translation of a circulating title and
summary of a proposed initiative or referendum measure is delivered
or mailed by the Attorney General to the proponents of the proposed
measure.
(b) The date the Secretary of State receives a notice from the
Attorney General that the proponents of a proposed initiative or
referendum measure did not submit a list of counties in accordance
with subdivision (c) of Section 9004 or subdivision (c) of Section
9006.
SEC. 2. Section 336 of the Elections
Code is amended to read:
336. The "official summary date" is the date a copy of the
translations of a circulating title and summary of a proposed
initiative measure is delivered or mailed by the Attorney General to
the proponents of the proposed measure.
SEC. 3. Section 9002 of the Elections Code is amended to read:
9002. (a) The Attorney General shall provide a copy of the title
and summary to the Secretary of State and the proponents within 15
days after receipt of the final version of a proposed initiative
measure, or, if a fiscal estimate or opinion is to be included,
within 15 days after receipt of the fiscal estimate or opinion
prepared by the Department of Finance and the Joint Legislative
Budget Committee pursuant to Section 9005. If during the 15-day
period the proponents of the proposed initiative measure submit
amendments, other than technical, nonsubstantive amendments, to the
final version of the measure, the Attorney General shall provide a
copy of the title and summary to the Secretary of State within 15
days after receipt of the amendments.
(b) The amendment shall be submitted with a signed request by all
the proponents to prepare a circulating title and summary using the
amended language.
(c) The amendment shall be submitted to the Attorney General's
Initiative Coordinator located in the Sacramento Attorney General's
Office via United States Postal Service, alternative mail service, or
personal delivery. Only printed documents will be accepted;
facsimile or email delivery will not be accepted.
SEC. 4. Section 9004 of the Elections Code is amended to read:
9004. (a) Upon receipt of the text of a proposed initiative
measure, the Attorney General shall prepare a circulating title and
summary of the chief purposes and points of the proposed measure. The
circulating title and summary shall not exceed a total of 100 words.
The Attorney General shall also provide a unique numeric identifier
for each proposed initiative measure. The circulating title and
summary shall be prepared in the manner provided for the preparation
of ballot titles and summaries in Article 5 (commencing with Section
9050), the provisions of which, in regard to the preparation, filing,
and settlement of ballot titles and summaries, are hereby made
applicable to the circulating title and summary.
(b) The Attorney General shall provide a copy of the circulating
title and summary and its unique numeric identifier to the Secretary
of State and the proponents within 15 days, as specified in Section
9002. The For each request for a circulating
title and summary received by the Attorney General on or after
January 1, 2014, the Attorney General shall include with the
copy of the circulating title and summary a notice stating that, if
the proponents intend to circulate the proposed initiative measure,
the proponents shall, no later than five business days
after receipt of the copy of the circulating title and summary,
submit to the Attorney General a list of the counties in
which the petition will be circulated that are covered by Section 203
(42 U.S.C. Sec. 1973aa-1a) or Section 4(f)(4) (42 U.S.C. Sec. 1973b
(f)(4)) of the federal Voting Rights Act of 1965.
notify the Attorney General, in the manner prescribed by the Attorney
General, of their intention to circulate the petition.
(c) (1) If the
proponents intend to circulate the initiative measure petition, the
proponents shall, no later than five business days after
receipt of the copy of the circulating title and summary,
submit to the Attorney General a list of the counties in which the
petition will be circulated that are covered by Section 203 (42
U.S.C. Sec. 1973aa-1a) or Section 4(f)(4) (42 U.S.C. Sec. 1973b(f)
(4)) of the federal Voting Rights Act of 1965. Upon
notify the Attorney General, in the manner prescribed by the Attorney
General, of their intention to circulate the petition.
(d) (1) Upon
receipt of the list of counties,
proponents' notice of intention to circulate, the Attorney
General shall prepare a translation of the circulating title and
summary of the proposed initiative measure in each
applicable minority language for the counties identified by the
proponents that are covered by each language in which
the state or a county is required to provide voting materials
pursuant to Section 203 (42 U.S.C. Sec. 1973aa-1a) or
Section 4(f)(4) (42 U.S.C. Sec. 1973b(f)(4)) of the federal
Voting Rights Act of 1965. The Attorney General shall provide a copy
of each translation to the proponents and the Secretary of
State no later than 10 days after receipt of the list
of counties. notice of intention to circulate.
The date the copy of each translation is delivered or mailed
to the proponents is the "official summary date."
(2) The Attorney General shall provide a copy of the list of
counties identified by the proponents and each translation of the
circulating title and summary to the Secretary of State within 10
days after receipt of the list of counties identified by the
proponents.
(d) If the proponents do not submit a list of counties in
accordance with subdivision (c), the Attorney General shall notify
the Secretary of State of that fact. The date upon which the
Secretary of State receives a notice from the Attorney General that
the proponents did not submit a list of counties in accordance with
subdivision (c) is the "official summary date."
(e)
(2) Upon receipt of each translation of the circulating
title and summary from the Attorney General, or upon
receipt of the notice that the proponents did not submit a list of
counties in accordance with subdivision (c), the Secretary
of State shall, within one business day, notify the proponents and
county elections official of each county of the official summary date
and provide a copy of the circulating title and summary and
each applicable translation to each county elections official.
The Secretary of State shall also provide the relevant
translation to the county elections official in each county
identified by the proponents, if applicable. The
notification provided pursuant to this subdivision
paragraph shall also include a complete schedule showing
the maximum filing deadline, and the certification deadline by the
counties to the Secretary of State.
(e) If the proponents do not notify the Attorney General of their
intention to circulate the petition in accordance with subdivision
(c), the Attorney General shall notify the Secretary of State of that
fact, the proponents' request for a circulating title and summary
shall be deemed withdrawn, and the petition shall not be circulated
for signature.
SEC. 5. Section 9006 of the Elections Code is
amended to read:
9006. (a) Upon receipt of the text of a proposed referendum, the
Attorney General shall prepare a circulating title and summary of the
chief purpose and points of the proposed statute at issue. The
circulating title and summary shall not exceed a total of 100 words.
No fiscal analysis shall be included.
(b) The Attorney General shall provide a copy of the circulating
title and summary of the proposed referendum to the Secretary of
State and the proponents within 10 days after receipt of the proposed
referendum. The Attorney General shall include with the copy of the
circulating title and summary a notice stating that, if the
proponents intend to circulate the proposed referendum measure, the
proponents shall, no later than five days after receipt of the copy
of the circulating title and summary, submit to the Attorney General
a list of the counties in which the petition will be circulated that
are covered by Section 203 (42 U.S.C. Sec. 1973aa-1a) or Section 4(f)
(4) (42 U.S.C. Sec. 1973b(f)(4)) of the federal Voting Rights Act of
1965.
(c) (1) If the proponents intend to circulate the referendum
measure petition, the proponents shall, no later than five days after
receipt of the copy of the circulating title and summary, submit to
the Attorney General a list of the counties in which the petition
will be circulated that are covered by Section 203 (42 U.S.C. Sec.
1973aa-1a) or Section 4(f)(4) (42 U.S.C. Sec. 1973b(f)(4)) of the
federal Voting Rights Act of 1965. Upon receipt of the list of
counties, the Attorney General shall prepare a translation of the
circulating title and summary of the proposed referendum measure in
each applicable minority language for the counties identified by the
proponents that are covered by Section 203 (42 U.S.C. Sec. 1973aa-1a)
or Section 4(f)(4) (42 U.S.C. Sec. 1973b(f)(4)) of the federal
Voting Rights Act of 1965. The Attorney General shall provide a copy
of each translation to the proponents no later than 10 days after
receipt of the list of counties. The date the copy of each
translation is delivered or mailed to the proponents is the "official
summary date."
(2) The Attorney General shall provide a copy of the list of
counties identified by the proponents and each translation of the
circulating title and summary to the Secretary of State within 10
days after receipt of the list of counties identified by the
proponents.
(d) If the proponents do not submit a list of counties in
accordance with subdivision (c), the Attorney General shall notify
the Secretary of State of that fact. The date upon which the
Secretary of State receives a notice from the Attorney General that
the proponents did not submit a list of counties in accordance with
subdivision (c) is the "official summary date."
(e) Upon receipt of each translation of the circulating title and
summary from the Attorney General, or upon receipt of the notice
that the proponents did not submit a list of counties in accordance
with subdivision (c), the Secretary of State shall, within one
business day, notify the proponents and county elections official of
each county of the official summary date and provide a copy of the
circulating title and summary to each county elections official. The
Secretary of State shall also provide the relevant translation to the
county elections official in each county identified by the
proponents, if applicable. The notification provided pursuant to this
subdivision shall also include a complete schedule showing the
maximum filing deadline, and the certification deadline by the
counties to the Secretary of State.
SEC. 6. SEC. 5. Section 9023 is
added to the Elections Code, to read:
9023. In the event that the circulator of an initiative
or referendum petition circulates the petition in a county
covered by Section 203 (42 U.S.C. Sec. 1973aa-1a) or Section
4(f)(4) (42 U.S.C. Sec. 1973b(f)(4)) of the federal Voting
Rights Act of 1965, a copy of the applicable translated circulating
title and summary prepared by the Attorney General shall be attached
to the petition and made available to each person whom the
circulator solicits in that language to sign the petition.
The circulator shall also provide a copy of the applicable translated
circulating title and summary petition and to
any other person upon request.
SEC. 7. SEC. 6. Section 11042.5 is
added to the Elections Code, to read:
11042.5. (a) This section applies only to the recall of state
officers.
(b) At the time of the filing of two blank copies of the petition
pursuant to Section 11042, the proponents shall also submit to the
Secretary of State a list of the counties in which the petition will
be circulated that are covered by Section 203 (42 U.S.C. Sec.
1973aa-1a) or Section 4(f)(4) (42 U.S.C. Sec. 1973b(f)(4)) of the
federal Voting Rights Act of 1965.
(c) If the proponents submit a list of counties pursuant to
subdivision (b), the Secretary of State, within 10 days after
ascertaining that the proposed form and wording of the petition meet
the requirements of this chapter, shall prepare a translation of the
petition in each applicable minority language for the counties
identified by the proponents that are covered by Section 203 (42
U.S.C. Sec. 1973aa-1a) or Section 4(f)(4) (42 U.S.C. Sec. 1973b(f)
(4)) of the federal Voting Rights Act of 1965, and provide a copy of
each translation to the proponents.
(b) (1) Except as provided in paragraph (2), the Secretary of
State shall prepare a translation of the petition in each language in
which the state or a county is required to provide voting materials
pursuant to Section 203 (42 U.S.C. Sec. 1973aa-1a) of the federal
Voting Rights Act of 1965.
(2) If the officer sought to be recalled is a State Senator,
Member of the Assembly, Member of the Board of Equalization, or
justice of a court of appeal, the Secretary of State shall prepare a
translation of the petition in each language in which the state or a
county included within the officer's electoral jurisdiction is
required to provide voting materials pursuant to Section 203 (42
U.S.C. Sec. 1973aa-1a) of the federal Voting Rights Act of 1965.
(c) The Secretary of State shall provide a copy of each
translation to the proponents within 10 days after ascertaining that
the proposed form and wording of the petition meet the requirements
of this chapter.
(d) If a recall petition is circulated in a county covered by
Section 203 (42 U.S.C. Sec. 1973aa-1a) or Section 4(f)(4)
(42 U.S.C. Sec. 1973b(f)(4)) of the federal Voting Rights
Act of 1965, a copy of the applicable translation of the petition
prepared by the Secretary of State shall be attached to the petition
and made available to each person whom the circulator
solicits in that language to sign the petition. The
circulator shall also provide a copy of the applicable translation of
the petition petition and to any other
person upon request.